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ORDER REVOKING LICENSE Michael Perry and Deborah Perry

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ORDER REVOKING LICENSE Michael Perry and Deborah Perry
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
In the Matter of License 8875 (Application 21370)
Michael Perry and Deborah Perry
ORDER REVOKING LICENSE
SOURCE:
Unnamed Stream
COUNTY:
El Dorado
WHEREAS:
1. License 8875 was issued to Dustin S. Ritchie and Pearl M. Ritchie on January 31, 1969, pursuant to
Application 21370, and was recorded with the County Recorder of El Dorado County on February 4, 1969,
in book 918, pages 41–42.
2. License 8875 was subsequently assigned to Michael Perry and Deborah Perry on December 12, 2003.
3. Michael Perry and Deborah Perry requested on February 7, 2014 that the license be revoked by the
State Water Resources Control Board (State Water Board), Division of Water Rights (Division).
4. The Division interprets the licensee’s request for revocation as a waiver of the notice and hearing
requirements set forth in California Water Code sections 1675 through 1675.1.
5. The State Water Board has delegated the authority to revoke water rights to the Deputy Director for the
Division, pursuant to Resolution No. 2012-0029. The Deputy Director has redelegated this authority to
the Assistant Deputy Directors, Program Managers, and Unit Seniors, pursuant to redelegation Order
dated July 6, 2012.
Therefore, it is ordered that License 8875 is hereby revoked by the State Water Board, and the water is
declared to be subject to appropriation. This revocation may not result in additional water being available for
new appropriations if there are applicable restrictions due to past State Water Board decisions regarding
water availability.
STATE WATER RESOURCES CONTROL BOARD
ORIGINAL SIGNED BY
Brian Coats for:
Barbara Evoy, Deputy Director
Division of Water Rights
Dated: MARCH 12, 2014
REV-ORD-LIC (5-06)
STATE OF CALIFORNIA
THE RESOURCES AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
license for Diversion and Use of Water
APPLICATION
21370
THIS Is To
PERMIT
CERTIFY,
That
LICENSE~875
14660
~~
DUSTIN S. RITCHIE AND PEARL M. RIT~~
STAR ROUTE 1 SOMERSET, CAL I F'ORN ~~~·~S4
~~,,
HAVE
made proof as of
JULY 30 1 1968
(the tlate of inspection)
to the satisfaction of the State Water Resources Control Board of a right to the use of the water of
AN UNNAMED STREAM
IN
EL DORADO COUNTY
tributary to STEELY F'ORK COSUMNES RIVER THENCE NORTH F'ORK COSUMNES RIVER
for the purpose of
DOMESTIC USE
under Permit
14660
of the Board and that the right to the use of this water has been perfected in
accordance with the laws of California, the Regulations of the Board and the permit terms; that the priority of
this right dates from
JUNE 28 1963
and that the amount of water to which this right is
entitled and hereby confirmed is li:,ited to the amount actually beneficially used for the stated purposes anti shall
not exceed F' I VE HUNDRED ( 500} GALLONS PER DAY TO BE DIVERTED F'ROM JANUARY 1 TO
DECEMBER 31 OF' EACH YEAR.
THE POINT OF DIVERSION OF SUCH WATER IS LOCATED:
SOUTH 50 F'EET AND WEST 400 F'EET F'ROM NE CORNER OF' SE1/4 or SW1/4 OF' SECTION 17 1
T9N 1 R13E 1 MDB&M, BEING WITHIN SE1/4 or SWl/4 OF' SAID SECTION 17.
A DESCRIPTION OF LANDS OR THE PLACE WHERE
SUCH WATER lS PUT TO BENEFICIAL USE IS AS FOLLOWS:
WITHIN SE1/4 OF' SW1/4 OF' SECTION 17 1 T9N 1 R13£ 1 MDB&M.
UPON A JUDICIAL DETERMINATION THAT THE PLACE or USE UNDER THIS LICENSE OR A
PORTION THEREOF' IS ENTITLED TO THE USE or WATER BY RIPARIAN AND/OR PRE-1914
APPROPRIATIVE RIGHT 1 THE RIGHTS SO DETERMINED AND THE RIGHT ACQUIRED UNDER THIS
PERMIT SHALL NOT RESULT IN COMBINED RIGHT TO THE USE or WATER IN EXCESS or THAT
WHICH COULD BE CLAIMED UNDER THE LARGEST or THE RIGHTS.
WRCB 16·1 !12-67)
IIJ!Se:S-957 11-67 1M(!) OSP
Licensee shallt~lloU! representatfves _of the J3otlrd .a~ other. parties., as may be authorized from time to time by the
Board, reasonabl/ ~c'ces's tq bToject' wo/ks 'to ~e_te.Tpi'fJ b~plia;nce with~ the terms of this license.
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All rights and privileges under this license including method of diversion, method of use and quantity of water
diverted are subject to the continuing authority of the Board in accordance with law and in the interest of the public
welfare to prevent waste, unreasonable uie, unrmsrfnalfle #wthod of use or unreasonable method of diversion of said
water.
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Reports shall be filed promptly by licensee on appropriate forms which will be provided for the purpose from time
totimebytheBoiird.'"
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The right hereby confirmed to the diversion and use of water is restricted to the point or points of diversion herein
specified and to the lands or place of use herein described.
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This license is granted and licensee accepts all rights herein confirmed subject to the follawing provisions of the
Water Code:
t .:.; ::; ' _; L.
Section 1621.
Each license shall be in such form and contain such terms as may be prescribed by the Board.
Section' 162 6.·. ·Allcficen~s shall •be undei the 'territs and conditiom- of tbiSi division . (Of tb'e W~ter ~eY.. ::; , , ..J. : .· . i
·mJused for-
Section 1627. A license shall be effective for such time as the water actually appropriated•UJil!erYit
purpose in conformity with this division (of the Water Code) but no longer.
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a useful~nd•heneneial
Section 1628. Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this
article and the statement that any appropriator of water to whom a license is issued takes the license subject to the conditions therein expressed.
Section 1629. Every licensee, if he accepts a license does so under the conditions precedent that no value whatsoever in excess of the actual
amount paid to the State therefor shall at any time be assigned to or claimed for any license granted or issued under the provisions of this
division (of the Water Code), or for any rights granted or acquired under the provisions of this division (of the Water Code), in respect to
the regulation by any competent public authority of t~lse.rifice~ or .the_pric~ .~ 1thf: se~Y,i!=¢11 !,_O ~cren4er~ ~Y,
lice~ee OJ[' ,~Yj the holdelf' of
any rights granted or acquired under the provisions of this division (of the Water Code) or in respect to any valuation for purposes orsale to
or. purchase, whether through condemnation proceedings or otherwise, by the State or any city, city and county, municipal water district,
,irrigatioa.-disti:id:;;lighting. district. or, any political sul>divisigp. 11f:~be ~a~e, qf;tlu; ri'~~oqtd .Propert;y3>!\'P'Y)icwse~,:::_o! ~he possess'lr of any
rights granted, issued, or .a~quired 1;1p4e~ ~~ p~~li~i~s
!hi~ di~~'! (~f,th~ ~a~~~~~)., T 1 ,, 8 . ::; • ~ :
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Section 1630. At any time after the expiration of twenty years after the granting of a license, the State or any city, city and' county,
municipal water district, irrigation district, lighting district, or any political subdivision of the State shall have the right to purchase the works
and property occupied and used under the license and the works built or constructed for the enjoyment of the rights granted under the license.
Section 1631. In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or
po!itical subdivision o~ the. State so desiring to. purchase and the o~9~r:- llfth~ v:orlu .and; ~~~~ty c~n~~ agr~ ';lpo~ t;e jP~f~h~se__ price,, -~~e
pr1~e shall be. determme.d m such manner as 1s no;w ,or may hereafter bel prDVIIied ~y 1aw for c;letermml!lg t~e value ot property-t~en, m
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emment domam proceedmgs.
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